Larsgard v. Flores-Lund et al
| John Kristoffer Larsgard |
| Christopher Howard, Unknow Party, Alejandro Mayorkas, Simona Flores-Lund, Merrick Garland and Tae Johnson |
| 2:2021cv01029 |
| June 14, 2021 |
| US District Court for the District of Arizona |
| James F Metcalf (PS) |
| Steven P Logan |
| James F Metcalf |
| Prisoner: Alien Detainee - Habeas Corpus |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 58 LODGED Proposed Amended Response to Motion re: #57 MOTION to Amend/Correct #50 Response to Motion. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by John Kristoffer Larsgard (10 pages). (Attachments: #1 Text of Proposed Order)(DXD) |
| Filing 57 MOTION to Amend/Correct #50 Response to Motion by John Kristoffer Larsgard (18 pages). (Attachments: #1 Text of Proposed Order, #2 Redline Response, #3 Redline Proposed Order)(DXD) |
Filing 56
ORDER denying as moot #37 Motion for Expedited Ruling. FURTHER ORDERED denying as moot #35 Motion to Seal. FURTHER ORDERED denying as moot #45 Ex Parte Motion to Seal. FURTHER ORDERED Respondents' Sealed Ex Parte Motion to Seal (Doc. #45 ) and the attachments thereto will remain UNDER SEAL, and will not be considered with regard to the issues in this case. FURTHER ORDERED denying as moot #52 Motion to Seal. FURTHER ORDERED Respondents' lodged Exhibit (Docs. #53 , #54 , #55 ) to the Reply (Doc. #51 ) on the Sealed Ex Parte Motion to Seal (Doc. #45 ) will remain UNFILED, and UNDER SEAL, and will not be considered with regard to the issues in this case. Signed by Magistrate Judge James F Metcalf on 8/6/21. (MAP)
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| Filing 55 *DENIED BY Doc. 56 *SEALED LODGED Proposed Exhibit 1 to Reply (Part 3) re: #52 MOTION to Seal Document #51 Reply to Response to Motion . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Tinsley, Laurence) *Modified to change restriction to sealed on 8/4/2021 (MAP). *Modified on 8/9/2021 (MAP). |
| Filing 54 *DENIED BY Doc. 56 *SEALED LODGED Proposed Exhibit 1 to Reply (Part 2) re: #52 MOTION to Seal Document #51 Reply to Response to Motion . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Tinsley, Laurence) *Modified to change restriction to sealed on 8/4/2021 (MAP). *Modified on 8/9/2021 (MAP). |
| Filing 53 *DENIED BY Doc. 56 *SEALED LODGED Proposed Exhibit 1 to Reply (Part 1) re: #52 MOTION to Seal Document #51 Reply to Response to Motion . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Tinsley, Laurence) *Modified to change restriction to sealed on 8/4/2021 (MAP). *Modified on 8/9/2021 (MAP). |
| Filing 52 MOTION to Seal Document #51 Reply to Response to Motion by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Attachments: #1 Text of Proposed Order)(Tinsley, Laurence) |
| Filing 51 REPLY to Response to Motion re: #45 SEALED MOTION to Seal Document, #49 MOTION for Leave to File to File Supplement to Exhibt 6 filed by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Tinsley, Laurence) |
| Filing 50 RESPONSE to Motion re: #45 SEALED MOTION to Seal filed by John Kristoffer Larsgard. (11 pages) (ESG) |
| Filing 49 NOTICE re: Exhibits 4 & 5, MOTION for Leave to File Supplement to Exhibt 6 by John Kristoffer Larsgard (69 pages). (Attachments: #1 Text of Proposed Order, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(DXD) |
| Filing 48 NOTICE of Errata re: #42 MOTION for Leave to File Supplement to Exhibits 4 & 5, #46 Reply to Response to Motion by Petitioner John Kristoffer Larsgard (2 pages). (DXD) |
| Remark (AMENDED): Flash drive containing copies re: (Docs. #40 , #41 , #42 , #43 ) received from Plaintiff John Kristoffer on 7/20/21 will NOT be stored in the Phoenix file room since it contains copies of existing documents and not additional documents that must be stored outside of the Court's CM/ECF system. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 46 CONSOLIDATED REPLY to Motion #1 Petition for Writ of Habeas Corpus (Fed/2241) and #28 Second Emergency Motion for Reconsideration, filed by John Kristoffer Larsgard (MAP) |
| Filing 45 *SEALED EX PARTE MOTION to Seal Declaration by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Attachments: #1 Attachment A)(MAP) *Modified to Reflect that this document will not be considered with regard to the issues in this case pursuant to doc. #56 on 8/9/2021 (MAP). |
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Filing 44
ORDER granting #34 Motion to Extend. FURTHER ORDERED Provisionally granting #35 Motion to Seal. Respondents' Ex Parte Motion to Seal and the attached Declaration and exhibits (Doc. #36 ) in Support of Respondents' Motion to Expedite (Doc. #37 ) must be filed under seal. FURTHER ORDERED Respondents' Ex Parte Motion to Seal is Provisionally granted. FURTHER ORDERED Petitioner has through August 2, 2021 to respond to the Motion to Seal (Doc. #35 ) and the Ex Parte Motion to Seal. FURTHER ORDERED granting #40 Motion to File Consolidated Reply and Response. FURTHER ORDERED granting #41 Motion to Exceed. FURTHER ORDERED Petitioner's lodged Consolidated Reply (Doc. #43 ) in support of the Petition (Doc. #1 ) and the Second Emergency Motion for Reconsideration (Doc. #28 ) must be filed. FURTHER ORDERED granting as provided herein #42 Motion to Supplement. Signed by Magistrate Judge James F Metcalf on 7/22/21. (MAP)
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| Filing 47 RESPONSE to Motion re: #37 MOTION to Expedite MOTION FOR EXPEDITED RULING ON RESPONSE TO PETITION UNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS AND RESPONSE TO AMENDED SECOND EMERGENCY MOTION FOR RECONSIDERATION OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTI filed by John Kristoffer Larsgard (5 pages). (Attachments: #1 Text of Proposed Order)(DXD) |
| Filing 43 *FILED at Doc. #46 *LODGED Proposed Consolidated Reply and Response re: #40 MOTION for Leave to File Consolidated Reply and Response, #41 MOTION for Leave to File Excess Pages, #42 MOTION for Leave to File Supplement to Exhibits 4 & 5. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by John Kristoffer Larsgard (67 pages). (Attachments: #1 Exhibit 1-5)(DXD) *Modified on 7/22/2021 (MAP). |
| Filing 42 MOTION for Leave to File Supplement to Exhibits 4 & 5 by John Kristoffer Larsgard (4 pages). (Attachments: #1 Text of Proposed Order)(DXD) |
| Filing 41 MOTION for Leave to File Excess Pages for Consolidated Reply and Response by John Kristoffer Larsgard (3 pages). (Attachments: #1 Text of Proposed Order)(DXD) |
| Filing 40 MOTION for Leave to File Consolidated Reply and Response by John Kristoffer Larsgard (4 pages). (Attachments: #1 Text of Proposed Order)(DXD) |
| Filing 39 SERVICE EXECUTED: Certified Mail Receipt re: Summons/ Petition/ Order upon Director of US Department of Homeland Security. NOTE: Per USPS website delivery completed on 6/28/21. (DXD) |
| *Amended on 7/26/21* Remark: Flash drive containing copies re: (Doc. #40 , #41 , #42 , #43 ) received from Plaintiff John Kristoffer Larsgard, and will be stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (HLA) Modified on 7/26/2021 to indicate Amended Remark was issued on 7/26/21 (NKS). Modified on 7/28/2021 (DXD). |
| Filing 38 Additional Attachments to Main Document re: #37 MOTION to Expedite MOTION FOR EXPEDITED RULING ON RESPONSE TO PETITION UNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS AND RESPONSE TO AMENDED SECOND EMERGENCY MOTION FOR RECONSIDERATION OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTI by Respondents Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Tinsley, Laurence) |
| Filing 37 MOTION to Expedite MOTION FOR EXPEDITED RULING ON RESPONSE TO PETITION UNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS AND RESPONSE TO AMENDED SECOND EMERGENCY MOTION FOR RECONSIDERATION OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION/MOTION FOR STAY OF REMOVAL by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Tinsley, Laurence) |
| Filing 36 *FILED at Doc. #45 * SEALED LODGED Proposed EX PARTE MOTION TO SEAL DECLARATION OF JOSE BLANCO, DEPORTATION OFFICER, IN SUPPORT OF MOTION FOR EXPEDITED RULING re: #35 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Attachments: #1 Exhibit A, #2 Attachment A, #3 Attachment B)(Tinsley, Laurence) *Modified on 7/22/2021 (MAP). |
| Filing 35 MOTION to Seal Document by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Attachments: #1 Text of Proposed Order)(Tinsley, Laurence) |
| Filing 34 MOTION for Extension of Time to File Response/Reply as to #28 Second MOTION for Reconsideration, MOTION for Leave to File Reply by John Kristoffer Larsgard (6 pages). (DXD) |
| Filing 33 SERVICE EXECUTED: Certificate of Mailing re: Summons/ Petition/ Order upon Tae Johnson. NOTE: Delivered on 6/28/21 per USPS tracking. (DXD) |
| Filing 32 NOTICE re: Denial of Access to Telephones by John Kristoffer Larsgard (6 pages). (DXD) |
| Filing 31 RESPONSE to Motion re: #28 Second Amended MOTION for Reconsideration, RESPONSE to #9 Amended Petition for Writ of Habeas Corpus (Fed/2241) filed by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Tinsley, Laurence) *Modified text/ add response on 7/13/2021 (DXD). |
| Filing 30 NOTICE re: Withdrawal as Counsel for Respondents by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas . (Lantka, Peter) |
| Filing 29 NOTICE of Errata re: #26 Notice of Errata by Respondents Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas.. (Attachments: #1 Exhibit A)(Tinsley, Laurence) |
| Filing 28 AMENDED SECOND EMERGENCY MOTION for Reconsideration by John Kristoffer Larsgard. (Attachments: #1 Declaration)(WLP) |
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Filing 27
ORDER - IT IS ORDERED: (1) The reference to the Magistrate Judge is withdrawn as to the Second Emergency Motion for Reconsideration (Doc. #22 ), Motion to Consolidate and Extend Deadlines (Doc. #24 ), and Motion for Leave to Amend (Doc. #25 ). (2) Petitioner's Motion for Leave to Amend (Doc. #25 ) is granted. (3) The Clerk of Court shall: (i) file the Amended Second Emergency Motion for Reconsideration (Doc. #25 -1) and attached declaration (Doc. #25 -2); and (ii) terminate the Second Emergency Motion for Reconsideration (Doc. #22 ) as superseded by the amended motion. (4) Respondents' Motion to Consolidate and Extend Deadlines (Doc. #24 ) is granted insofar as Respondents shall have until July 12, 2021 to file a response to Petitioner's Amended Second Emergency Motion for Reconsideration and declaration. (5) The temporary stay of removal entered on July 2, 2021 (Doc. #23 ) shall remain in effect pending further order of this Court. Signed by Judge Steven P Logan on 7/7/2021. (WLP)
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| Filing 26 NOTICE of Errata re: #13 Notice (Other) by Respondents Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas.. (Attachments: #1 Exhibit A)(Tinsley, Laurence) |
| Filing 25 MOTION to Amend/Correct #22 Second MOTION for Reconsideration re: #17 Order by John Kristoffer Larsgard (58 pages). (Attachments: #1 Attach 1, #2 Attach 2, #3 Attach 3, #4 Attach 4) (DXD) |
| Filing 24 First MOTION for Extension of Time to Consolidate and Extend Deadlines by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. (Attachments: #1 Text of Proposed Order)(Lantka, Peter) |
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Filing 23
ORDER - IT IS ORDERED: (1) Respondents are enjoined from removing Petitioner John Kristoffer Larsgard (A# 205-039-932) from the United States pending further order of this Court. (2) The Clerk of Court shall immediately email a copy of this Order to the Immigration TRO Distribution List. (3) Respondents shall have until July 6, 2021 to file a response to Petitioner's Second Emergency Motion for Reconsideration (Doc. #22 ). See document for complete details. Signed by Judge Steven P Logan on 7/2/2021. (WLP)
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| Filing 22 *Amended by #28 pursuant to #27 Order -- SECOND EMERGENCY MOTION for Reconsideration re: #17 Order (for Temporary Restraining Order and Preliminary Injunction/Stay of Removal by John Kristoffer Larsgard. (LAD) (20 pages) *Modified on 7/7/2021 (WLP). |
| Filing 21 NOTICE of Further Communication with the BIA by John Kristoffer Larsgard. (9 pages) (WLP) |
| Filing 20 SERVICE EXECUTED : Certified Mail Receipt re: Summons, 2241 Petition, and Order upon Attorney General on 6/28/2021. (WLP) |
| Filing 19 NOTICE of Errata re: #15 MOTION for Reconsideration by Petitioner John Kristoffer Larsgard. (2 pages) (WLP) |
| Filing 18 SERVICE EXECUTED : Certified Mail Receipt re: Summons, 2241 Petition, and Order upon Christopher Howard on 6/25/2021. (WLP) |
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Filing 17
ORDER - IT IS ORDERED that the reference to the Magistrate Judge is withdrawn as to Petitioner's Motion for Reconsideration (Doc. #15 ), and the Motion is denied. See document for complete details. Signed by Judge Steven P Logan on 6/29/2021. (WLP)
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| Filing 16 SERVICE EXECUTED : Certified Mail Receipt re: Summons, 2241 Petition, and Order upon Simona Flores-Lund on 6/24/2021. (WLP) |
| Filing 15 EMERGENCY MOTION for Reconsideration of #8 Order Denying Motion for Temporary Restraining Order and Preliminary Injunction, MOTION to Stay Removal by John Kristoffer Larsgard. (Attachments: #1 Text of Proposed Order) (15 pages) (WLP) |
| Filing 14 SERVICE EXECUTED: Certified Mail Receipt re: Summons, 2241 Petition, and Order upon U.S. Attorney for the District of Arizona (Civil Process Clerk) on 6/24/2021. (REK) |
| Filing 13 NOTICE re: Intent to Remove by Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas . (Tinsley, Laurence) |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE: Laurence G. Tinsley, Jr. appearing for Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas. . (Tinsley, Laurence) |
| Filing 10 Summons Issued as to Simona Flores-Lund, Merrick Garland, Christopher Howard, Tae Johnson, Alejandro Mayorkas, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(LAD) |
| Filing 9 PETITION for Writ of Habeas Corpus (Fed/2241) filed by John Kristoffer Larsgard. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2, #3 Envelope)(LAD) (123 pages) |
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Filing 8
ORDER - Petitioner's Motion for Leave to File Additional Petition (Doc. #1 ) is granted and the Motion to Seal (Doc. #5 ) is denied. The Clerk of Court shall file the Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 lodged at Doc. #2 . The Clerk of Court shall substitute Tae Johnson in place of the unnamed Respondent as Acting ICE Director. Petitioner's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #4 ) is denied in part as to Petitioner's request for a stay of removal and granted in part as to Petitioner's request for prior notice. If Respondents intend to remove Petitioner John Kristoffer Larsgard (A# 205-039-932) from the United States prior to the Court's disposition of this matter, Respondents must file a "Notice of Intent to Remove" with the Clerk of Court and serve a copy on Petitioner at least 10 days prior to the planned removal. The Clerk of Court must send a copy of this order by separate email to the Immigration TRO Group. The Clerk of Court shall serve: (1) a copy of the Summons, (2) the Petition for Writ of Habeas Corpus, and (3) this Order upon the United States Attorney for the District of Arizona by certified mail addressed to the civil process clerk at the office of the United States Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure. The Clerk of Court shall also send by certified mail a copy of the Summons, the Petition, and this Order to the United States Attorney General pursuant to Rule 4(i)(1)(B) and Respondents Flores-Lund, Howard, Johnson, and Mayorkas pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure. Respondents shall have 30 days from the date of service to answer the Petition. This matter is referred to Magistrate Judge James F. Metcalf pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. (See document for further details). Signed by Judge Steven P Logan on 6/17/2021. (LAD)
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| Filing 7 NOTICE OF ASSIGNMENT (DXD) |
| Filing 6 * (Motion to Seal Denied by #8 Order) SEALED LODGED Proposed Exhibits #2 and #3 re: #5 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by John Kristoffer Larsgard. (33 PAGES) (MAP) Modified on 6/22/2021 (LAD). |
| Filing 5 MOTION to Seal Exhibits #2 and #3 to the Proposed Petition by John Kristoffer Larsgard. (5 PAGES) (MAP) (MAP). |
| Filing 4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by John Kristoffer Larsgard (17 pages). (Attachments: #1 Text of Proposed Order)(DXD) |
| Filing 3 Filing fee: $5.00, receipt number PHX229522. (DXD) |
| Filing 2 * (Filed at Doc. #9 ) LODGED Proposed Petition for Writ of Habeas Corpus (Fed/2241) re: #1 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by John Kristoffer Larsgard (123 pages). (Attachments: #1 Exhibit 1-7, #2 Envelope)(DXD) Modified on 6/22/2021 (LAD). |
| Filing 1 MOTION for Leave to File Excess Pages for Petition for Writ of Habeas Corpus (Fed/2241) by John Kristoffer Larsgard (6 pages). (Attachments: #1 Text of Proposed Order)(DXD) |
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